Laws on gay marriage
What the Same Sex Marriage Bill Does and Doesn't Do
The U.S. Senate passed landmark legislation this week enshrining protections for same sex and interracial marriages in federal statute in a bipartisan vote that marked a dramatic turnaround on a once highly divisive issue.
The Senate operation marks a major hurdle for the legislation, which President Biden has said he will subscribe into law pending a vote in the House of Representatives.
Leonore F. Carpenter, a Rutgers Statute School professor who has served as an LGBTQA rights attorney, explains what the Respect for Marriage Act accomplishes, and what is does not.
What exactly does the Respect for Marriage Act act to protect homosexual marriage?
The Act does a few significant things.
First, it repeals the federal Defense of Marriage Perform. That law was passed in , and it prohibited the federal government from recognizing lgbtq+ marriages that had been validly entered into under a state’s law. It also gave the green light to states to decline to recognize queer marriages from other states.
Next, it prohibits states from refusing to
Marriage Equality Around the World
The Human Rights Campaign tracks developments in the legal recognition of same-sex marriage around the world. Working through a worldwide network of HRC global alumni and partners, we lift up the voices of community, national and regional advocates and share tools, resources, and lessons learned to enable movements for marriage equality.
Current State of Marriage Equality
There are currently 38 countries where same-sex marriage is legal: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, the United Kingdom, the United States of America and Uruguay.
These countries have legalized marriage equality through both legislation and court decisions.
Countries that Legalized Marriage Equality in
Liechtenstein: On May 16, , Liechtenstein's gove
Marriage & Relationship Recognition Laws
States with the freedom to marry execute not ban same-sex couples from entering into legal marriages. Some states also offer comprehensive relationship recognition, such as domestic partnerships or civil unions, to same- and different-sex couples. However, most states still have constitutional amendments, statutes, or both banning marriage for same-sex couples, even after the Supreme Court case Obergefell extended marriage equality nationwide. For more on the current status of state marriage laws, see MAP's report: Underneath Obergefell: A National Patchwork of Marriage Laws.
Marriage equality for same-sex couples(50 states , 5 territories + D.C.)
Comprehensive civil union or domestic partnership commandment (9 states + D.C.)
State has targeted religious exemption law (see note)
Citations & More Information
Movement Advancement Project. "Equality Maps: Marriage & Association Recognition Laws." Accessed 07/23/
NOTE: Kansas pe
Marriage & Relationship Recognition Laws
Despite the Supreme Court case Obergefell, which extended marriage equality nationwide, many states still acquire constitutional amendments, statutes (i.e., legislation), or both banning marriage for same-sex couples. The ruling means these bans are unenforceable. For more, see also MAP's report: Underneath Obergefell: A National Patchwork of Marriage Laws. The below guide is updated and maintained in real time.
State has both statutory and constitutional amendment forbid (24 states)
State has constitutional amendment disallow only (3 states)
State has statutory (i.e., legislative) ban only (5 states)
State has no ban on marriage equality (18 states , 5 territories + D.C.)
State has court ruling protecting access to marriage for lgbtq+ couples (independent of Obergefell) (1 state)
Citations & More Information